Chapter 9.03
CRIMINAL CODE

Sections:

9.03.010    General provisions.

9.03.015    Statutory provisions – Amendments included.

9.03.020    Alcoholic beverages.

9.03.030    Crimes relating to children and minors.

9.03.040    Contributing to the delinquency of a minor.

9.03.050    Leaving unattended children in parked or standing vehicles.

9.03.060    Controlled substances, paraphernalia, poisons and toxic fumes.

9.03.070    Drug paraphernalia definitions.

9.03.080    Possession of drug paraphernalia prohibited.

9.03.090    Crimes relating to fire.

9.03.100    Firearms and dangerous weapons.

9.03.110    Weapons prohibited on liquor sale premises.

9.03.120    Frauds, swindles and false representations.

9.03.130    Crimes relating to persons.

9.03.140    Placing a person in fear or apprehension by threat.

9.03.150    Crimes relating to property.

9.03.160    Crimes relating to public morals.

9.03.162    Lewd conduct.

9.03.170    Crimes relating to public officers.

9.03.180    Repealed.

9.03.190    Public officer defined.

9.03.200    Crimes relating to public peace.

9.03.210    Miscellaneous crimes.

9.03.220    Throwing objects at moving vehicles.

9.03.230    Disorderly conduct.

9.03.240    Adoption of RCW sections not specifically set forth.

9.03.010 General provisions.

The following State statutes, including all future amendments, additions or deletions are adopted by reference:

RCW

7.21.010    Definitions

7.21.020    Sanctions – Who may impose

7.21.030    Remedial sanctions – Payment for losses

7.21.040    Punitive sanctions – Fines

7.21.050    Sanctions – Summary imposition – Fines

7.21.060    Administrative actions or proceedings – Petition to court for imposition of sanctions

7.21.070    Appellant review

9.01.055    Citizen immunity if aiding officer

9.01.110    Omission, when not punishable

9.01.130    Sending letter, when complete

9A.04.010    General requirements of culpability

9A.04.020    Purposes – Principles of construction

9A.04.040    Classes of crime

9A.04.050    People capable of committing crimes – Capability of children

9A.04.060    Common law to supplement statutes

9A.04.070    Who amenable to criminal statutes

9A.04.090    Application of general provisions of the code

9A.04.100    Proof beyond a reasonable doubt

9A.04.110    Definitions

9A.08.020    Liability of conduct of another – Complicity

9A.08.030    Criminal liability of corporations and persons acting under a duty to act in their behalf

9A.12.010    Insanity

9A.16.010    Definition

9A.16.020    Use of force – When lawful

9A.16.060    Duress

9A.16.070    Entrapment

9A.16.080    Action for being detained on mercantile establishment of premises for investigation – “Reasonable grounds” as defense

9A.16.090    Intoxication

9A.16.100    Use of force on children

9A.20.021    Gross misdemeanor and misdemeanor penalties

9A.28.020    Criminal attempt

9A.28.030    Criminal solicitation

9A.28.040    

    (1), (2), (3)(e)    Criminal conspiracy

(Ord. 696 § 1, 2019; Ord. 72 § 1, 1993)

9.03.015 Statutory provisions – Amendments included.

The amendment of any State statute adopted by reference in this title shall be deemed to amend the corresponding section of this title and it shall not be necessary for the City Council to take any action with respect to such amendment.

(Ord. 696 § 2, 2019)

9.03.020 Alcoholic beverages.

The following State statutes, including all future amendments, additions or deletions are adopted by reference:

RCW

66.04.010    Definitions

66.20.200    Unlawful acts relating to card of identification and certification card

66.20.210    Licensee’s immunity to prosecution or suit – Certification card

66.28.080    Permit for music and dancing upon licensed premises

66.28.090    Licensed premises open to inspection – Failure to allow

66.44.010    Local officers to enforce law – Authority of board – Liquor enforcement officers

66.44.040    Sufficiency of description of offenses in complaints, information, process, etc.

66.44.050    Description of offense in words of statutes – Proof required

66.44.060    Proof of unlawful sale establishes prima facie intent

66.44.070    Certified analysis is prima facie evidence of alcoholic content

66.44.080    Service of process on corporation

66.44.090    Acting without license

66.44.100    Opening or consuming liquor in public place – Penalty

66.44.120    Unlawful use of seal

66.44.130    Sale of liquor by drink or bottle

66.44.140    Unlawful sale, transportation of spirituous liquor without stamp or seal – Unlawful operation, possession of still or mash

66.44.150    Buying liquor illegally

66.44.160    Illegal possession, transportation of alcoholic beverages

66.44.170    Illegal possession of liquor with intent to sell – Prima facie evidence

66.44.175    Violations of law

66.44.180    General penalties – Jurisdiction for violation

66.44.200    Sales to persons apparently under the influence of liquor

66.44.210    Obtaining liquor for ineligible person

66.44.240    Drinking in public conveyance – Penalty against carrier

66.44.250    Same – Penalty against individual

66.44.270    Furnishing liquor to persons underage

66.44.280    Minor applying for permit

66.44.290    Minor purchasing or attempting to purchase liquor – Penalty

66.44.300    Treating minor, etc., in public place where liquor sold

66.44.310    Minor frequenting tavern or cocktail lounge, misrepresentation of age

66.44.325    Unlawful transfer to a minor of an identification card

66.44.328    Unlawful to transfer to a minor of a forged, altered, etc., identification card

66.44.340    Employees 18 years and over allowed to sell and carry beer and wine for Class E and/or Class F employees

66.44.350    Employees 18 years and over allowed to serve and carry liquor, clean up, etc., for Class A, C, D and/or H licensed employees

66.44.365    Driving privileges revoked

66.44.370    Resisting or opposing officers in enforcement of title

(Ord. 696 § 3, 2019; Ord. 72 § 2, 1993)

9.03.030 Crimes relating to children and minors.

The following State statutes, including all future amendments, additions, or deletions are adopted by reference:

RCW

9.68A.090    Communicating with a minor for immoral purposes

9.91.060    Leaving children unattended in parked automobile

9A.44.096    Sexual misconduct with a child, second degree

9A.44.130    Sex offender registration

9A.44.140    Duty to register, when terminate

9A.44.150    Testimony of a child by closed circuit television

(Ord. 72 § 3, 1993)

9.03.040 Contributing to the delinquency of a minor.

In all cases when any child is dependent or delinquent as defined in RCW 13.34.030, any person who, by act or omission, encourages, causes or contributes to the dependency or delinquency of such child, shall be guilty of a misdemeanor. (Ord. 72 § 4, 1993)

9.03.050 Leaving unattended children in parked or standing vehicles.

No person, while operating or in charge of a motor vehicle, shall park or willfully allow such vehicle to stand upon a public street, public way, or in a public place open to the public, leaving any child or children under the age of eight years unattended therein. For the purposes of this section, “unattended” means where no responsible person over 12 years of age is physically present in such a vehicle and has immediate control over such a child or children, or the person operating or in charge of such vehicle is not in the immediate vicinity where such child or children can be seen or heard by such person. Violations shall be punished by a misdemeanor. (Ord. 72 § 5, 1993)

9.03.060 Controlled substances, paraphernalia, poisons and toxic fumes.

The following State statutes, including all future amendments, additions, or deletions are adopted by reference:

RCW

9.47A.050    Penalty – Toxic substances

69.50.101    Definitions

69.50.204    

    (c)(22)    Schedule I – Marijuana

69.50.309    Containers

69.50.4013    Possession of controlled substance – Penalty

69.50.4014    Possession of forty grams or less of marijuana – Penalty

69.50.412    Prohibited acts: E – Penalties

69.50.420    Juvenile driving privileges suspended

69.50.435    Additional penalty – School/bus stops

69.50.505    Seizure and forfeiture

69.50.506    Burden of proof

69.50.509    Search and seizure of controlled substances

9.47A.010    Definitions – Inhaling toxic fumes

9.47A.020    Unlawful inhalation – Exception

9.47A.030    Possession of certain substances prohibited, when

9.47A.040    Sale of certain substances prohibited, when

9.47A.050    Penalty

69.38.010    Poison defined

69.38.020    Exceptions

69.38.030    Poison register

69.38.040    Poison register – Penalty for violations

69.38.050    False representations

69.38.060    License required

(Ord. 696 § 4, 2019; Ord. 72 § 6, 1993)

9.03.070 Drug paraphernalia definitions.

(1) As used in this section, “drug paraphernalia” means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, smoking, or otherwise introducing into the human body a controlled substance. It includes, but is not limited to:

(a) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

(b) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;

(c) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;

(d) Testing equipment used, intended for use, or designed for use, in identifying or in analyzing the strength, effectiveness or purity of controlled substances;

(e) Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances;

(f) Diluents and adulterants (such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose) used, intended for use, or designed for use in cutting controlled substances;

(g) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

(h) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

(i) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;

(j) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;

(k) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;

(l) A device “designed primarily for” such smoking or ingestion set forth in subsection (i) of this section is a device which has been fabricated, constructed, altered, adjusted, or marked especially for use in the smoking, ingestion, or consumption of marijuana, hashish, hashish oil, cocaine, or any other “controlled substance,” and is peculiarly adapted to such purposes by virtue of a distinctive feature or combination of features associated with drug paraphernalia, notwithstanding the fact that it might also be possible to use such device for some other purpose. Paraphernalia includes, but is not limited to, the following items or devices:

(i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls;

(ii) Water pipes;

(iii) Carburetion tubes and devices;

(iv) Smoking and carburetion masks;

(v) Roach clips (meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand);

(vi) Miniature cocaine spoons and cocaine vials;

(vii) Chamber pipes;

(viii) Carburetor pipes;

(ix) A smokable pipe which contains a heating unit, whether the device is known as an “electric pipe” or otherwise;

(x) Air-driven pipes;

(xi) Chillums;

(xii) A device constructed so as to prevent the escape of smoke into the air and to channel smoke into a chamber where it may be accumulated to permit inhalation or ingestion of larger quantities of smoke than would otherwise be possible, whether the device is known as a “bong” or otherwise;

(xiii) A device constructed so as to permit the simultaneous mixing and ingestion of smoke and nitrous oxide or other compressed gas, whether the device is known as a “buzz bomb” or otherwise;

(xiv) A canister, container, or other device with a tube, nozzle, or other similar arrangement attached thereto, so constructed as to permit the forcing of smoke accumulated therein into the user’s lungs under pressure, whether the device is known as a “power hitter” or otherwise;

(xv) A device for holding a marijuana cigarette, whether the device is known as a “roach clip” or otherwise;

(xvi) A spoon for ingestion of a controlled substance through the nose;

(xvii) A straw or tube for ingestion of a controlled substance through the nose or mouth;

(xviii) A smokable pipe constructed with a receptacle or container in which water or other liquid may be placed into which smoke passes and is cooled in the process of being inhaled or ingested;

(xix) Ice pipes or chillers.

(2) In determining whether an object is drug paraphernalia under this section, a court or other authority should consider, in addition to all other logically relevant factors, the following:

(a) Statements by an owner or by anyone in control of the object concerning its use;

(b) Prior convictions, if any, of an owner, or of anyone in control of the object, under any State or Federal law relating to any controlled substance;

(c) The proximity of the object, in time and space, to a direct violation of this section;

(d) The proximity of the object to controlled substances;

(e) The existence of any residue of controlled substances on the object;

(f) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this section. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this section shall not prevent a finding that the object is intended or designed for use as drug paraphernalia;

(g) Instructions, oral or written; provided with the object concerning its use;

(h) Descriptive materials accompanying the object which explain or depict its use;

(i) National and local advertising concerning its use;

(j) The manner in which the object is displayed for sale;

(k) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

(l) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;

(m) The existence and scope of legitimate uses for the object in the community; and

(n) Expert testimony concerning its use. (Ord. 72 § 7, 1993)

9.03.080 Possession of drug paraphernalia prohibited.

Any person who possesses any drug paraphernalia as defined in RCW 69.50.102 with the intent to use or employ the same for manufacturing and/or consuming controlled substances is guilty of a misdemeanor. (Ord. 696 § 5, 2019; Ord. 72 § 8, 1993)

9.03.090 Crimes relating to fire.

The following State statutes, including all future amendments, additions, or deletions are adopted by reference:

RCW

9A.48.010    Definitions – Reckless burning

9A.48.050    Reckless burning in the second degree

9A.48.060    Reckless burning – Defenses

9.40.040    Operating engine or boiler without spark arrester

9.40.100    Injuring or tampering with fire alarm apparatus or equipment – False alarm

(Ord. 72 § 9, 1993)

9.03.100 Firearms and dangerous weapons.

The following State statutes, including all future amendments, additions, or deletions are adopted by reference:

RCW

9.41.010    Terms defined

9.41.050    Carrying firearms

9.41.060    Exception

9.41.070    Concealed weapons permit

9.41.080    Delivery to ineligible persons

9.41.090    Dealer deliveries regulated – Hold on delivery

9.41.098    Forfeiture of firearms – Disposition – Confiscation

9.41.100    Dealers to be licensed

9.41.110    License

9.41.120    Certain transfers forbidden

9.41.140    Alteration of identifying marks prohibited

9.41.185    Coyote getters

9.41.230    Aiming or discharging firearms

9.41.240    Use of firearms by minor

9.41.250    Dangerous weapons – Penalty

9.41.260    Dangerous exhibitions

9.41.270    Weapons apparently capable of producing bodily harm, carrying, exhibiting, displaying, or drawing unlawful – Penalty – Exceptions

9.41.280    Students carrying dangerous weapons on school property

9.41.300    Firearms prohibited in certain places

9.41.800    Surrender of weapons or licenses – Prohibition on future possession or licensing

9.41.810    Penalty.

(Ord. 696 § 6, 2019; Ord. 72 § 10, 1993)

9.03.110 Weapons prohibited on liquor sale premises.

(1) It is a misdemeanor for anyone, on or in any portion of an establishment classified by the State Liquor Control Board as off limits to persons under 21 years of age, to:

(a) Carry any rifle, shotgun or pistol, whether the person has a license or permit to carry the firearm or not, and whether the firearm is concealed or not;

(b) Carry any knife, sword, dagger, or other cutting or stabbing instrument with a blade of a length of three inches or more, or any razor with an unguarded blade, whether the weapon or instrument is concealed or not;

(c) Carry any instrument or weapon of the kind usually known as a slingshot, taser, throwing star, bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe, bar, club, or combination thereof, including a device known as numchuck sticks, or any like device having the same or similar components or parts, whether or not connected by a rope, chain, or other device or any explosive or any poison or injurious gas or any other instrument or weapon apparently capable of producing bodily harm, whether the instrument or weapon is concealed or not.

(2) Exceptions. Subsection (1) of this section shall not apply to or affect the following:

(a) A person engaged in military activities sponsored by the Federal or State governments while engaged in official duties;

(b) Law enforcement personnel;

(c) Security personnel while engaged in official duties; or

(d) The proprietor of the premises or his or her employees while engaged in their employment.

(3)  Warning Signs Required. Signs, informing the public of the prohibitions contained herein, shall be conspicuously posted at all internal and external entrances to any area wherein the carrying of said weapons or instruments is prohibited. Said signs shall be in accordance with the design and language provided by the City.

(4)  Upon conviction said weapon or instrument involved may be confiscated by order of the presiding judge and shall thereafter be disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found property. (Ord. 72 § 11, 1993)

9.03.120 Frauds, swindles, and false representations.

The following statutes, including all future amendments, additions or deletions are adopted by reference:

RCW

9.04.010    False advertising

9.26A.110    Fraud in obtaining telecommunications service – Penalty

9.26A.120    Fraud in operating coin box telephone or other receptacle

9.26A.130    Penalty for manufacture or sale of slugs to be used for coin

9.26A.140    Unauthorized sale or procurement of telephone records – Penalties – Definitions

9.38.010    False representations concerning credit

9.38.015    False statement by deposit account applicant

9.38.020    False representation concerning title

9.44.080    Misconduct – Sign petition

9.45.060    Encumbered, leased, or rented personal property

9.45.070    Mock auctions

9.45.080    Fraudulent removal of property

9.45.090    Knowingly receiving fraudulent conveyance

9.45.100    Fraud in assignment for benefit of creditors

9.45.270    Fraudulent filing of vehicle report for sale

9A.60.045    Criminal impersonation in the second degree

9A.60.050    False certification

9A.60.070    False academic credentials – Unlawful issuance or use – Definitions – Penalties

(Ord. 696 § 7, 2019; Ord. 72 § 12, 1993)

9.03.130 Crimes relating to persons.

The following State statutes, including all future amendments, additions or deletions, are adopted by reference:

RCW

9.61.230    Telephone calls to harass, intimidate, torment or embarrass

9.61.240    Same – Permitting telephone to be used

9.61.250    Same – Offenses, where deemed committed

9.61.260    Cyberstalking

9A.36.041    Assault in the fourth degree

9A.36.050    Reckless endangerment

9A.36.070    Coercion

9A.36.150    Interfering with the reporting of domestic violence

9A.36.160    Failing to summon assistance

9A.36.161    Failing to summon assistance – Penalty

9A.40.070    Custodial interference in the second degree

9A.40.080    Custodial interference – Assessment of costs – Defense – Consent defenses, restricted

9A.46.020    Definition – Penalties

9A.46.030    Place where committed

9A.46.040    Court-ordered requirements upon person charged with crime – Violation

9A.46.050    Arraignment – No-contact order

9A.46.060    Crimes included in harassment

9A.46.070    Enforcement of orders restricting contact

9A.46.080    Order restricting contact – Violation

9A.46.085    Stalking no-contact orders – Appearance before magistrate required

9A.46.090    Nonliability of peace officer

9A.46.100    “Convicted” – Time when

9A.46.110    Stalking

10.14.170    Violation of civil antiharassment order

10.99.020    Definitions

10.99.040    Restrictions upon and duties of the court

10.99.050    Restrictions or prohibition of contact with victim – Procedures

10.99.055    Enforcement of orders against defendants

26.09.300    Restraining orders – Violation – Penalty, etc.

26.50.010    Definitions

26.50.110    Violation of order – Penalties

(Ord. 696 § 8, 2019; Ord. 176 § 1, 1997; Ord. 72 § 13, 1993)

9.03.140 Placing a person in fear or apprehension by threat.

(1) Every person who shall intentionally place, or attempt to place, another person in reasonable fear or apprehension of bodily harm by means of a threat shall be guilty of a misdemeanor.

(2) For purposes of this section, “threat” means to communicate, directly or indirectly, by act, word, or deed, whether written, spoken, or otherwise communicated, the intent to imminently:

(a) Cause bodily injury to the person threatened or any other person;

(b) Cause physical damage to the property of a person other than the person making the threat; or

(c) Subject the person threatened or any other person to physical confinement or restraint.

(3)  Any threat as defined in this section is deemed to have been committed at the place from which the threat or threats were made or at the place where the threat or threats were received. (Ord. 72 § 14, 1993)

9.03.150 Crimes relating to property.

The following State statutes, including all future amendments, additions or deletions are adopted by reference:

RCW

9.54.130    Restoration of stolen property – Duty of officers

9A.48.090    Malicious mischief in the third degree

9A.48.100    (1)    Malicious mischief and physical damage defined

9A.52.010    Definitions

9A.52.060    Making or having burglary tools

9A.52.070    Criminal trespass in the first degree

9A.52.080    Criminal trespass in the second degree

9A.52.090    Criminal trespass – Defenses

9A.52.100    Vehicle prowling

9A.56.010    Definitions

9A.56.020    Theft – Definition, defense

9A.56.050    Theft in third degree

9A.56.060    

    (1, 2, 3, 5)    Unlawful issuance of checks or drafts

9A.56.063    Making or possessing motor vehicle theft tools

9A.56.096    Theft of rental, leased, lease-purchased, or loaned property

9A.56.140    Possessing stolen property – Definition – Presumption

9A.56.170    Possessing stolen property in the third degree

9A.56.180    Obscuring identity of a machine

9A.56.220    Theft of subscription television services

9A.56.240    Forfeiture and disposal of device used to commit violation

9A.56.260    Connection of channel converter

9A.56.270    Shopping cart theft

9A.56.330    Possession of another’s identification

9A.90.030    Definitions

9A.90.050    Computer trespass in the second degree

9A.90.070    Spoofing

9A.90.090    Electronic data tampering in the second degree

28A.635.020    Willfully disobeying order to leave school property

28A.635.030    Disturbing school/activities/ meetings at school

28A.635.090    Interfere with school administration by use of force or violence

28A.635.100    Intimidating administrator or student

28A.635.110    Disciplinary authority exception

(Ord. 696 § 9, 2019; Ord. 72 § 15, 1993)

9.03.160 Crimes relating to public morals.

The following State statutes, including all future amendments, additions or deletions are adopted by reference:

RCW

9.68A.011    Definitions – Sexual exploitation of children and minor access to erotic materials

9.68A.080    Reporting of depictions of minor engaged in sexually explicit conduct – Civil immunity

9.68A.090    (1)    Communication with minor for immoral purposes – Penalties

9.68A.103    Permitting commercial sexual abuse of a minor – Penalty – Consent of minor does not constitute defense

9.68A.110    

    (1), (2), (3),

    (5)    Certain defenses barred, permitted

9.68A.120    Seizure and forfeiture of property

9.68A.130    Recovery of costs of suit by minor

9.68A.150    Allowing minor on premises of live erotic performance – Definitions – Penalty

9.68A.170    Criminal proceedings – Depictions of minors engaged in sexually explicit conduct – Restrictions on access

9.68A.180    Criminal proceedings – Depictions of minors engaged in sexually explicit conduct – Sealing, storage, destruction of exhibits

9.68A.190    Criminal proceedings – Depictions of minors engaged in sexually explicit conduct – Depictions distributed to defense counsel or expert witnesses prior to June 7, 2012 – Distribution of depictions under color of law not a defense

9A.88.010    Indecent exposure

9A.88.030    Prostitution

9A.88.040    Prosecution for prostitution under RCW 9A.88.030 – Affirmative defense

9A.88.050    Prostitution – Sex of parties immaterial

9A.88.090    Permitting prostitution

9A.88.110    Patronizing a prostitute

9A.88.120    Additional fee assessments

9A.88.130    Additional requirements

(Ord. 696 § 10, 2019; Ord. 72 § 16, 1993)

9.03.162 Lewd conduct.

(1) Every person who intentionally performs any lewd act in a public place knowing that such conduct is likely to cause reasonable affront and alarm is guilty of a misdemeanor.

(2) “Lewd act” means public:

(a) Exposure of any portion of the human anus or genitals, including display of the male genitals in a discernible turgid state, even if completely and opaquely covered; or

(b) Exposure of the female breast lower than the upper edge of the areola; provided, however, that nothing in the section shall prohibit the breastfeeding of an infant or child under the age of 36 months; or

(c) Touching, caressing, or fondling of the male or female genitals or female breasts, whether clothed or naked; or

(d) Sexual conduct as defined by subsection (4) of this section; or

(e) Stimulated acts of human sex, including intercourse, oral copulation, sodomy, or masturbation of oneself or of one person by another.

(3) “Public” or “public display” means easily visible from a public thoroughfare or from property of others in any portion of any public facility of park, or in any other public place in a manner so obtrusive as to make it difficult for an unwilling person to avoid exposure.

(4) “Sexual conduct” means sexual intercourse or sexual contact.

(5) “Sexual intercourse” means:

(a) Its ordinary meaning, occurring upon any penetration, however slight; or

(b) Any penetration of the vagina or anus, however slight, by an object, when committed by one person on another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes; or

(c) Any contact between persons involving the sex organs of one person in the mouth or anus of another, whether such persons are of the same or opposite sex.

(6) “Sexual contact” means:

(a) Any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party;

(b) Masturbation, manual or instrumental, of oneself in the presence of another, or one person by another. (Ord. 180 § 1, 1997)

9.03.170 Crimes relating to public officers.

The following State statutes, including all future amendments, additions or deletions are adopted by reference:

RCW

9.31.090    Escaped prisoner recaptured

9.69.100    Withholding knowledge of felony involving violence – Penalty

9A.72.010    Definitions

9A.72.040    False swearing

9A.72.060    False swearing – Retraction

9A.72.070    False swearing – Irregularities no defense

9A.72.080    Statement of what one does not know to be true

9A.72.140    Jury tampering

9A.72.150    Tampering with physical evidence

9A.76.010    Definitions

9A.76.020    Obstructing a public servant

9A.76.030    Refusing to summon aid for a peace officer

9A.76.040    Resisting arrest

9A.76.050    Rendering criminal assistance – Definition of terms

9A.76.060    Relative defined

9A.76.070    Rendering criminal assistance in the first degree

9A.76.080    Rendering criminal assistance in the second degree

9A.76.090    Rendering criminal assistance in the third degree

9A.76.100    Compounding

9A.76.130    Escape in the third degree

9A.76.160    Introducing contraband in the third degree

9A.76.170    

    (1), (2),

    (3)(d)    Bail jumping

9A.76.175    Making a false or misleading statement to a public servant

9A.84.040    False reporting

(Ord. 696 § 11, 2019; Ord. 72 § 17, 1993)

9.03.180 Obstructing public officers.

Repealed by Ord. 696. (Ord. 72 § 18, 1993)

9.03.190 Public officer defined.

“Public officer,” as used in this title, comprises police officers, fire chief and his or her designees; health officers; and the public works director and his or her designees; City Clerk and his or her designee; code enforcement personnel; and other City personnel authorized for enforcement of City ordinances, statutes and codes. (Ord. 72 § 19, 1993)

9.03.200 Crimes relating to public peace.

The following State statutes, including all future amendments, additions or deletions are adopted by reference:

RCW

9.27.015    Interference or obstruction of any court building or residence – Violations

9.62.010    Malicious prosecution

9.62.020    Instituting suit in name of another

9.73.010    Divulging telegram

9.73.020    Opening sealed letter

9.73.030    Intercepting, recording or divulging private communication – Consent required – Exceptions

9.73.070    Same – Persons and activities excepted

9.73.080    Penalty

9.73.090    Police and fire personnel exempted from RCW 9.73.030 through 9.73.080 – Standards

9.73.100    Records available to defense counsel

9.73.110    Not unlawful for building owner

9.73.140    Availability, inventory

9.73.200    Conversations regarding controlled substances

9.73.210    Interception – Controlled substance

9.84.010    

    (1), (2)(b)    Riot

9A.84.020    Failure to disperse

(Ord. 696 § 13, 2019; Ord. 72 § 20, 1993)

9.03.210 Miscellaneous crimes.

The following State statutes, including all future amendments, additions or deletions are adopted by reference:

RCW

9.03.010    Abandoning, discarding refrigeration equipment

9.03.020    Permitting unused equipment to remain on premises

9.03.030    Violation of RCW 9.03.010 or 9.03.020

9.03.040    Keeping or storing equipment for sale

9.91.010    Denial of civil rights – Terms defined

9.91.020    Operating railroad, steamboat, vehicle, etc., while intoxicated

9.91.025    Unlawful transit conduct

9.91.140    Food stamps – Unlawful sale

9.91.142    Food stamps – Trafficking

9.91.160    

    (1), (3), (4)    Personal protection spray devices

9.91.170    Interfering with dog guide or service animal

9.91.175    Interfering with search and rescue dog

70.54.010    Polluting water supply

70.93.060    Littering

(Ord. 696 § 14, 2019; Ord. 72 § 21, 1993)

9.03.220 Throwing objects at moving vehicles.

Any person who throws, pushes, rolls, drops, swings or otherwise propels or projects any object, thing or substance in such a manner as to strike or be likely to strike any moving vehicle on the public highways or streets is guilty of a misdemeanor. (Ord. 72 § 22, 1993)

9.03.230 Disorderly conduct.

Any person who engages in disorderly conduct is guilty of a misdemeanor. A person engages in disorderly conduct when that person:

(1) Uses abusive language and thereby intentionally creates a risk of assault;

(2) Intentionally disrupts any lawful assembly or meeting of persons without authority;

(3) Intentionally obstructs vehicular or pedestrian traffic without lawful authority;

(4) Fights by agreement, except as part of an organized athletic event; or

(5) Is intoxicated from the use of alcohol, marijuana, or illegal drugs in any public place in the city such that the person’s conduct tends to or does unreasonably disturb the public peace, provoke disorder, or endanger the safety of others. (Ord. 696 § 15, 2019)

9.03.240 Adoption of RCW sections not specifically set forth.

Notwithstanding the RCW sections that are specifically adopted by reference in this code, all RCW sections that constitute misdemeanors or gross misdemeanors and the RCW sections necessary for the investigation, arrest, prosecution, sentencing, confinement and enforcement of misdemeanors or gross misdemeanors are hereby adopted by reference as currently enacted or as they may hereafter be amended or recodified and shall be given the same force and effect as if fully set forth herein. (Ord. 696 § 16, 2019)